APEC economy: United States of America; Jurisdiction: Massachusetts
Temporary practice ('fly-in, fly-out' practice)
There is an express rule allowing temporary practice by foreign lawyers.
The relevant legislation is Mass.R.Prof.C.5.5. The main condition or restriction placed on the scope of practice of a foreign lawyer providing advisory services in foreign or international law on a temporary basis is that the practice must be temporary, ie there must be no office in Massachusetts.
Limited licensing of foreign lawyers (foreign legal consultant rules)
A foreign lawyer can obtain a limited licence entitling them to offer advisory services in foreign and international law (ie become a foreign legal consultant).
The relevant legislation is Supreme Judicial Court Rule 3.05.
The requirements that must be met in order for a foreign lawyer to qualify for a limited licence are that the applicant must be a member in good standing with a recognised legal profession in his or her home country with five years of experience, good moral character, and an intention to open an office in Massachusetts for purposes of rendering advice on law of his or her home country. A limited licence allows a foreign lawyer to give advice on the law of his or her home jurisdiction subject to certain limitations described in the database.
In order to offer advisory services in foreign and international law, a foreign legal consultant is not required to but may enter a commercial association with local lawyers.
As at June 2009, approximately 3 limited licences had been granted to foreign lawyers in this jurisdiction.
Full licensing
A foreign lawyer cannot obtain a full licence to practise law in this jurisdiction. The relevant impediment is that the lawyer requires full admission to the Bar like any other attorney.
Commercial association between lawyers and law firms
In this jurisdiction:
- local lawyers may be employed by another local lawyer of a local firm;
- local lawyers may be employed by a foreign lawyer or foreign firm;
- foreign lawyers may provide services in some other form of commercial association with local lawyers;
- foreign firms are permitted to establish a commercial presence (a permanent office) to offer advisory services in foreign and international law;
- foreign firms are required to enter into commercial association with local lawyers or law firms.
Other regulatory issues
In this jurisdiction:
- foreign lawyers can establish an office in the absence of enabling legislation;
- there are no specific rules in relation to advertising;
- there are no specific rules in relation to use of names by lawyers or law firms.
Foreign lawyers and firms are treated the same as local lawyers in the application of these rules.
Contacts
| Category | Name | Website or other contact details |
|---|---|---|
| Organisation(s) that controls licensing of lawyers | Board of Bar Overseers | www.massbbo.org |
| Peak professional association representing the legal profession | Massachusetts Bar Association | www.massbar.org |
| Other associations playing a significant role in developing policy for the legal profession | Boston Bar Association | www.bostonbar.org |